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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.
Reasons
1. Basic facts
A. On April 2014, the Plaintiff concluded a subcontract with the Defendant for electrical construction works (hereinafter “instant FGG construction works”) among FGG new construction works (hereinafter “instant construction works”) with the cost of construction KRW 121,00,000,000 from May 1, 2014 to November 30, 2014, with the construction contract; ② on August 15, 2014, the subcontract for electrical construction works (hereinafter “H construction”) among HGG construction works (hereinafter “instant H construction works”), with the fixed period of construction cost of KRW 275,00,000,000 (including value-added tax); and on August 15, 2014 to January 31, 2015, each of the instant construction contracts (including value-added tax) with the Defendant’s respective construction contracts with the fixed period of KRW 305,00,000,000 and each of the instant construction contracts (hereinafter “each of the instant construction contracts”).
B. After entering into each of the instant construction contracts, C took the lead of each of the instant construction works, and managed each of the instant construction sites, such as directly employing figures and procuring materials (such as materials procured by C in principle, but as required, supplied from the Plaintiff) without any special involvement of the Plaintiff.
C. On April 20, 2015, C, upon the Defendant’s request, stated “A” in the column for confirmation of direct non-performance confirmation that “A” in the form of “A” stating that “A” shall be deducted from the price of the instant H construction work, which is executed by the Plaintiff, KRW 119,638,227, the sum of KRW 37,00,000,000 from the price of the instant H construction work, and KRW 37,00,000,000 from the price of the instant H construction work, and signed thereon.
(hereinafter “instant direct payment agreement”) D.
The plaintiff and the defendant on May 21, 2015.